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Victorian Bar News ISSUE 153 WINTER 2013 VICTORIAN The Formidable Sir Hayden Starke By JD Merralls BAR Legal Aid in NEWS Chronic Decline Punch Drunk The Paris Bar The Law of Drugs in Sport A Study in Contradictions QC or not QC? IBAC A Sheep in Wolf’s Clothing? 153 The 2013 Victorian Bar Dinner All the Highlights and Photos BAR MEMBERS... SAVE THOUSANDS ON ANY NEW CAR Save time and money by buying your next new car Should you have a trade-in or require nance and through your own personal buyer’s advocate. insurance, your consultant will be able to ensure that Members can now enjoy the eet-buying power of MBA the entire process can be completed simply, with Car Assist. Vehicles are purchased at signicant savings maximum savings of your time and money. over the retail prices, whilst avoiding all the hassles and To ensure you’re getting the absolute best price for your upsells of the dealership sales process. We also arrange new vehicle, your personal consultant will include a all of the paperwork and keep you updated on the number of dierent dealerships (including your local) in progress of your vehicle’s preparation or production. the tender process, with each competing for your Your new car is even delivered to your home or work business. with a full tank of fuel. So how does it work? MBA Car Assist purchases new Are you looking to buy a new luxury vehicle from BMW, vehicles every week, which gives them access to eet Mercedes-Benz, Audi, Mini, Lexus, Jaguar, Land Rover or pricing. That discount is then passed on in its entirety to Volvo? Members will also enjoy the massive savings of you. Now that’s buying power! up to 5 years free scheduled servicing on these vehicles. For further information about this oer and more, log into the members area of www.vicbar.com.au and click on the Member Benets tile. Email [email protected] or call Divesh 0434 667 896 or Tony 0418 174 974 ISSUE 153 WINTER 2013 VICTORIAN BAR Editorial NEWS Engaging with the Ethics Committee Bulletins Life & Lore of the Bar 3 61 Ethics Committee Bulletin No 2 of 2012 61 Ethics Committee Around Town Bulletin No 3 of 2012 Opening of the Legal Year 4 62 Ethics Committee 2013Victorian Bar Dinner 8 Bulletin No 4 of 2012 One Great Big Happy Family 15 63 Ethics Committee Taking the Stick to 8 Bulletin No 1 of 2013 Barristers from the North 18 63 Ethics Committee Bulletin No 2 of 2013 News and Views From the Chair’s Table 20 Back of the Lift The Challenge of Improving 64 Adjourned Sine Die Access to Justice 22 68 Silence All Stand New Jury Directions 24 76 Obituaries Legal Aid in Chronic Decline 25 81 September 2012 Victorian Bar IBAC – A Sheep in Readers’ Course Wolf’s Clothing? 29 82 Senior Counsel 2012 QC or not QC? 33 20 85 Quarterly Counsel The Paris Bar — A Study in Contradictions 37 Why Say Yes? 40 64 Boilerplate That’s Sir Hayden Starke 42 86 A Bit About Words 2013 CPD Conference 88 Counsel’s Baggage — At a Glance 48 89 Gallimaufry 2013 CPD Conference 90 Verbatim — On Fearless Defence in 91 Red Bag, Blue Bag the Face of Public Outrage 50 93 Book Reviews 2013 CPD Conference — Hobnobbing at High Table 51 96 Out of Sessions Dining 2013 CPD Conference 99 Tracking Down the Trucks — A Word, or Two, to the Wise 52 100 Wine Reviews Launch of the Victorian Bar 101 Dusting off the Archives: 1963 Reconciliation Action Plan 54 85 101 The Bar Quiz Sport, Drugs and Doping Control 56 103 Ask Mr Tipstaff Boxing with Policy Shadows 58 The Collingwood Cup 60 ISSUE 153 WINTER 2013 VICTORIAN editorial BAR Engaging with the NEWS Become an Accredited Life & Lore of the Bar Editors: Sharon Moore and Justin Tomlinson Victorian Bar News Editorial Committee: Sharon Moore and Justin Tomlinson (Editors), The Editors Georgina Costello, Anthony Strahan (Deputy Editors), Advocacy Coach Louise Martin and Maree Norton Contributors: His Honour Magistrate Alsop, Richard elcome to the 153rd edition of Victorian Would you like to become an accredited advocacy coach and teach Attiwill, David Bailey, Simone Bailey, The Hon Chief Justice Bathurst, Denise Bennett, Sally Bodman, Timothy Bar News. in the readers’ course? Bourke, Richard Brear, Amy Brennan, Elizabeth Brimer, At the outset, it is incumbent on us as Julian Burnside, The Hon Stephen Charles QC, Michael Colbran QC, John Coldrey, Georgina Costello, Tom Danos, new editors to acknowledge the enormous Advocacy coaching focuses on the acquisition of core advocacy skills by The Hon Justice Dodds-Streeton, The Hon Mark Dreyfus contribution of outgoing editor Paul Hayes, QC MP, Fiona Ellis, Kurt Esser, Her Honour Magistrate observation and feedback with demonstration by the coach of the particular Fleming, Kathleen Foley, Guy Gilbert, Michael Gronow, whose last edition (152) was an excellent skill to be taught. Her Honour Judge Hampel, Justin Hannebery, Robert collection of worthy material. Paul was appointed editor in April 2009 Heath, Peter Heerey AM QC, Sara Hinchey, Dr Jacqui and he edited (either with co-editors or on his own) six editions during Horan, Ben Ihle, Diane Jacobson (Melbourne Hebrew W Although many of our coaches have a great deal of experience, both as Congregation Magazine), The Hon Justice Keane, Tony his time as editor. His contribution to producing this journal of the Bar, Lewis, Paul Liondas, Louise Martin, Richard McGarvie SC, in terms of effort and time devoted, cannot be overstated. advocates and as coaches, training ensures consistency in the quality Glenn McGowan SC, Fiona McLeod SC, James Merralls AM QC, Simon Moglia, Sharon Moore, Debbie Mortimer SC, As incoming editors we have sought to enhance all that Victorian and method of coaching. Even if you have trained to be a coach before, Ross Nankivell, Anthony Neal SC, Keith Nicholson, Maree Bar News has offered, as well as to look forward and offer even more. Norton, Rob O’Neill, Max Perry, The Hon Justice Robson, We wish to attain something, which, although it may seem grand, you may like to refresh and consolidate your coaching skills. His Honour Chief Judge Rozenes, Adrian Ryan SC, Tim Seccull, Sam Stafford, Anthony Strahan, Helen Symon SC, is nonetheless important. That is, to engage the Bar in a conversation Justin Tomlinson, Brian Walters SC, The Hon Chief Justice that will inspire and develop the profession. Our profession is Warren AC, Michael Wheelahan SC and Michael Wyles SC. a grand institution. It deserves to be treated with respect and also Photo contributors: Fiona Basile (Kairos Catholic Journal), Peter Glenane, Justin Hill (Jason Zorzut to be challenged. For it is only with challenges that a thing tests Photography), David Johns, Tira Lewis, Stephen Reynolds and strengthens its mettle. We hope to attain this by increments, The Bar runs advocacy coaching workshops and Paul West. but to attain it nonetheless. Cover illustration: Guy Shield twice a year, in March and August. Our hope is to have Victorian Bar News not be merely a vessel to Publisher: The Victorian Bar Inc. Contact Jacqueline Stone for more details Owen Dixon Chambers, 205 William Street, Melbourne record events, which are important nevertheless, but also to inspire 3000. Registration No. A 0034304 S. intellectual engagement by barristers in the institution of the Bar. This publication of Victorian Bar News may be cited T 9225 7916 as (2013) 153 Vic B.N. Opinions expressed are not This means taking a reflective look at our past as well as wrestling E [email protected] necessarily those of the Bar Council or the Bar or of with issues in our present and looking interestedly at our future. any person other than the author. To the best of our There are articles from venerable contributors, including J D Merralls, knowledge, the information in this magazine was correct at the time of printing. Stephen Charles QC and Peter Heerey QC. In addition, this issue has Advertising: been honoured by contributions from Chief Judge Rozenes, and Federal All enquiries including requests for advertising rates Attorney-General, and member of our Bar, Mark Dreyfus QC. to be sent to: There are articles on some of our members who are drawn Ms Sally Bodman to professional appointments outside of the Bar; the legal issues The Victorian Bar Inc. 205 William Street, Melbourne 3000 surrounding drugs in sport; reports of the third annual CPD Tel: (03) 9225 7909 conference; and a reflective look at our system of advocacy in an Email: [email protected] international context, as Amy Brennan reports back on studying Design and Production: The Slattery Media Group; www.slatterymedia.com; [email protected] the methods of the Paris ‘Bar’ at L’Ecole du Formation du Barreau Contributions: All contributions to Victorian Bar de Paris. We also commend to your attention the excellent News should be in word format and are to be emailed contributions to the ‘Back of the Lift’ section. to [email protected]. All articles submitted for consideration for publication in Victorian Bar None of what the Victorian Bar News is and could be is possible Review should be word format and conform to the without your contributions and the hard work of the editorial style guide prescribed by the Australian Guide for Legal committee (Georgina Costello, Anthony Strahan, Louise Martin, Citation (http://www.law.unimelb.edu.au/files/dmfile/ FinalOnlinePDF-2012Reprint.pdf) Maree Norton and Denise Bennett and Sally Bodman from the Bar office), for which we are very grateful. This is your journal.
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